Guardianship Law

It can often be difficult and confusing when you are asked to take over the care of a loved one. Guardianships are most common with children and the elderly. Guardianship of a child is needed when a parent has passed away or when a parent is unable to care for a child, such as when addicted to alcohol or drugs. A guardian steps in and acts as a parent, until the parent is able to resume their responsibilities as a parent, or until the child turns 18 and is considered legally an adult.

Caregiver’s Authorization Affidavit

If the need for a guardian is understood to be a short term responsibility, like in the case of hospitalization for drugs or other health related issues, it is possible to use a Caregiver’s Authorization Affidavit to temporarily meet the needs of the child during their parent’s absence.

In the case of deceased parents, it is typically preferred that the legal guardians be a relative, be that an older sibling, grandparent or and aunt or uncle. It is expected of any legal guardian that they care for the child just as a loving parent would and this is something we would make clear to you and your chosen guardian.

Adult Guardianship

In the case of adults, guardianship is most often needed when an elderly person suffers from dementia, although adult guardianships are granted for many other reasons when an adult is not capable of caring for themselves or paying their bills. A guardian of an adult is responsible for ensuring that the adult is cared for and that their assets are managed properly.